Roe v. Town Mutual Fire Insurance
Missouri Court of Appeals
Appeal from the Pettis Circuit Court.- — -Hon. G. E. Longan. Judge. (1) The case should have gone to the jury; where the evidence is conflicting, the question is one for the jury. Smith v. Railway, 119 Mo. 246; Erante v. St. Louis, 110 Mo. 516. (2) The credibility of witnesses and the weight of testimony are always matters exclusively for the jury. Railway v. Dawley, 50 Mo. App. 480; Lee v. Knapp, 55 Mo.
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Appeal from the Pettis Circuit Court.- — -Hon. G. E. Longan. Judge. (1) The case should have gone to the jury; where the evidence is conflicting, the question is one for the jury. Smith v. Railway, 119 Mo. 246; Erante v. St. Louis, 110 Mo. 516. (2) The credibility of witnesses and the weight of testimony are always matters exclusively for the jury. Railway v. Dawley, 50 Mo. App. 480; Lee v. Knapp, 55 Mo. App. 390. (1) Tbe instrument given by plaintiff to Daniels constituted a mortgage on the insured goods. (2) Tbe leaving of a blank in a written contract and its delivery with such blank…
1Opinion of the CourtGill, J.
Statement. This is a suit on an insurance policy coveting certain household goods belonging to the plaintiff. The policy was taken out on the thirtieth day of January, 1897, and the property was destroyed by fire on the morning of February fourth thereafter. Defendant admits the loss and proper proofs thereof, but denies liability because in the application for the policy (which by agreement was made a part thereof) plaintiff stated and warranted that the goods insured were not incumbered, whereas there was at the time a chattel mortgage thereon. At the close of the evidence, the court…
2Cases cited3 opinions
- Field v. StaggSupreme Court of Missouri · 1873
- New England Loan & Trust Co. v. BrownMissouri Court of Appeals · 1894
- Mackey v. BasilMissouri Court of Appeals · 1892
3Cited by3 opinions
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- J. W. Jenkins Sons Music Co. v. JohnsonMissouri Court of Appeals · 1914
- White v. ElwellMissouri Court of Appeals · 1915